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IN THE YORK COUNTY COURT

By Melissa Washington,2014-06-26 20:25
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IN THE YORK COUNTY COURT ...

What is Asbestos?

    Asbestos is a fibrous mineral which, commercially, comes in the form of white,

    blue or brown asbestos. The types are differentiated by the length of their fibres.

    The material itself gave its name to the town of Asbestos in Quebec, Canada,

    home of the world’s largest asbestos mine.

    What was it used for? Asbestos was often used as a fire retardant building material, so people in the

    building, construction and central heating trades as well as miners, ship builders

    and factory workers were exposed to it.

What’s the problem with it?

    Although Asbestos mining has been carried out for over 2000 years, it was not

    until the turn of the 20

    th Century that its disease causing properties became

    apparent, and only in the last 20 years or so that the scale of the damage has

    begun to emerge.

Exposure to asbestos can cause a number health problems, and they all arise as

    a result of something that each of us does every day, all day, without even

    thinking about it simply breathing!

What are the diseases caused by it?

    Breathing in asbestos fibres can cause:

    ? Asbestosis* (pneumoconiosis due to asbestos dust)

    - Pneumoconiosis is a general term for a disease which results from

    inhaling dust into the lungs and therefore can result from exposure

    to other substances such as silica.

    - Patient may not show any symptoms at all to begin with as the

    disease takes years to develop (usually at least 10 years), but in

    the later stages of the disease can exhibit various symptoms such

    as a dry cough, or breathlessness because the lungs cannot expand

    properly.

    - There is no specific treatment for this disease and it can increase

    the risk of lung cancer and/or result in respiratory failure.

    ? Lung Cancer* (the most commonly known disease)

    - Asbestos fibres are carcinogens.

    - Patient shows various chest related symptoms.

    - Lung cancer can also be caused by smoking and there is no way of

    knowing for sure which has caused the lung cancer.

    - As with most cancers if the diagnosis is made early enough the

    patient may be cured. However, generally the disease has poor

    prospects of recovery.

    ? Mesothelioma*

    - A highly malignant form of cancer.

    - Surprisingly the total exposure to asbestos fibres need not be great;

    breathing in just one fibre can bring on the disease.

    - Fibres can be present in the lungs for 40 years before a patient will

    show any symptoms. The tumour causes chest pain, shortness of

    breath, tiredness and loss of appetite.

    - There is no effective cure so patients can only be given palliative

    care to ease their symptoms and make them comfortable.

    - The average survival period is 1 year from diagnosis.

    - Although rare at present (about 2,000 people die from it each year),

    numbers are expected to rise as symptoms start to develop in

    people who were exposed to asbestos dust in the 1960s to 1980s.

    - Compensation awards for mesothelioma can be substantial.

    ? Non-malignant pleural diseases

    - Pleural plaques the patient will show no symptoms and the

    plaques will not become malignant hence the Court of Appeal’s

    recent decision to not allow claims for this disease (please see

    related article on this website).

    - Benign pleural effusions patient will show symptoms though there

    are some treatments available.

    - Diffuse Pleural thickening* patient can suffer significant disability

    but can also be assisted with surgery.

What should I do?

    If you think you were exposed to asbestos during your working life and believe

    you are exhibiting any of the above symptoms or have any of the above diseases

    you should first see your GP for an accurate diagnosis. If the diagnosis is positive,

    and you think that your symptoms/illness are work related, then contact a

    member of our specialist Industrial Disease team immediately to see if you have

    the right to claim for compensation against your employer(s).

Note: Some of the diseases listed above are marked with an asterisk (*). These

    diseases, if caused by exposure to asbestos, may mean you are eligible to claim

    Industrial Injuries Disablement Benefit. Our specialist Industrial Disease team can

    give you advice on eligibility for Welfare Benefits too.

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